71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 293
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Oregon Criminal Justice Commission)
CHAPTER ................
AN ACT
Relating to sentencing; creating new provisions; and amending ORS
137.717.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.717, as amended by section 7, chapter 1022,
Oregon Laws 1999, is amended to read:
137.717. (1) When a court sentences a person convicted of:
(a) { + Aggravated theft in the first degree under ORS 164.057
or + } burglary in the first degree under ORS 164.225, the
presumptive sentence is 19 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
(A) A previous conviction for { + aggravated theft in the
first degree under ORS 164.057, + } burglary in the first degree
under ORS 164.225, robbery in the second degree under ORS 164.405
or robbery in the first degree under ORS 164.415; or
(B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
(b) { + Theft in the first degree under ORS 164.055, + }
unauthorized use of a vehicle under ORS 164.135, { + burglary in
the second degree under ORS 164.215, criminal mischief in the
first degree under ORS 164.365, computer crime under ORS 164.377,
forgery in the first degree under ORS 165.013, identity theft
under ORS 165.800, + } possession of a stolen vehicle under ORS
819.300 or trafficking in stolen vehicles under ORS 819.310, the
presumptive sentence is 13 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
(A) A previous conviction for { - either - } { + aggravated
theft in the first degree under ORS 164.057, + } unauthorized use
of a vehicle under ORS 164.135, { + burglary in the first degree
under ORS 164.225, + } robbery in the second degree under ORS
164.405, robbery in the first degree under ORS 164.415,
possession of a stolen vehicle under ORS 819.300 or trafficking
in stolen vehicles under ORS 819.310; or
(B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
{ - (c) Theft in the first degree under ORS 164.055,
aggravated theft in the first degree under ORS 164.057, burglary
Enrolled Senate Bill 293 (SB 293-C) Page 1
in the second degree under ORS 164.215 or criminal mischief in
the first degree under ORS 164.365, the presumptive sentence is
13 months of incarceration, unless the rules of the Oregon
Criminal Justice Commission prescribe a longer presumptive
sentence, if the person has: - }
{ - (A) A previous conviction for unauthorized use of a
vehicle under ORS 164.135, burglary in the first degree under ORS
164.225, robbery in the second degree under ORS 164.405, robbery
in the first degree under ORS 164.415, possession of a stolen
vehicle under ORS 819.300 or trafficking in stolen vehicles under
ORS 819.310; or - }
{ - (B) Four previous convictions for any combination of the
crimes listed in subsection (2) of this section. - }
{ - (d) Identity theft under ORS 165.800, the presumptive
sentence is 13 months of incarceration, unless the rules of the
Oregon Criminal Justice Commission prescribe a longer presumptive
sentence, if the person has: - }
{ - (A) A previous conviction for identity theft under ORS
165.800, forgery in the first degree under ORS 165.013, criminal
possession of a forged instrument in the first degree under ORS
165.022, fraudulent use of a credit card under ORS 165.055 (4)(b)
or computer crime under ORS 164.377; or - }
{ - (B) Four previous convictions for any combination of
forgery in the second degree under ORS 165.007, criminal
possession of a forged instrument in the second degree under ORS
165.017 or fraudulent use of a credit card under ORS 165.055
(4)(a). - }
(2) The crimes to which subsection (1) of this section applies
are:
(a) Theft in the second degree under ORS 164.045;
(b) Theft in the first degree under ORS 164.055;
(c) Aggravated theft in the first degree under ORS 164.057;
(d) Unauthorized use of a vehicle under ORS 164.135;
(e) Burglary in the second degree under ORS 164.215;
(f) Burglary in the first degree under ORS 164.225; { +
(g) Criminal mischief in the second degree under ORS
164.354; + }
{ - (g) - } { + (h) + } Criminal mischief in the first
degree under ORS 164.365;
{ + (i) Computer crime under ORS 164.377;
(j) Forgery in the second degree under ORS 165.007;
(k) Forgery in the first degree under ORS 165.013;
(L) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
(m) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
(n) Fraudulent use of a credit card under ORS 165.055;
(o) Identity theft under ORS 165.800; + }
{ - (h) - } { + (p) + } Possession of a stolen vehicle
under ORS 819.300; and
{ - (i) - } { + (q) + } Trafficking in stolen vehicles
under ORS 819.310.
(3) The court may impose a sentence other than the sentence
provided by subsection (1) of this section if the court imposes:
(a) A longer term of incarceration that is otherwise required
or authorized by law; or
(b) A departure sentence authorized by the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons. Unless the law or the rules of the Oregon
Criminal Justice Commission allow for imposition of a longer
Enrolled Senate Bill 293 (SB 293-C) Page 2
sentence, the maximum departure allowed for a person sentenced
under this subsection is double the presumptive sentence provided
in subsection (1) of this section.
(4) As used in this section, 'previous conviction ' includes:
(a) Convictions occurring before, on or after July 1,
{ - 1997 - } { + 2003 + }; and
(b) Convictions entered in any other state or federal court for
comparable offenses.
(5)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
of sentence in open court. However, when sentences are imposed
for two or more convictions arising out of the same conduct or
criminal episode, none of the convictions is considered to have
occurred prior to any of the other convictions arising out of the
same conduct or criminal episode.
(b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
(6) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079.
SECTION 2. { + The amendments to ORS 137.717 by section 1 of
this 2001 Act become operative on July 1, 2003. + }
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Passed by Senate May 23, 2001
Repassed by Senate July 2, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 1, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 293 (SB 293-C) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 293 (SB 293-C) Page 4